Vipul Agarwal And Another vs State Of U.P. Thru. Secy. Home And Others
2024 Latest Caselaw 16190 ALL

Allahabad High Court

Vipul Agarwal And Another vs State Of U.P. Thru. Secy. Home And Others on 8 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:35581-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5805 of 2023
 

 
Petitioner :- Vipul Agarwal And Another
 
Respondent :- State Of U.P. Thru. Secy. Home And Others
 
Counsel for Petitioner :- Surendra Kumar Mishra
 
Counsel for Respondent :- G.A.,Pranjal Krishna
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Narendra Kumar Johari,J.

Case called out. None present for the petitioners to press the writ petition. However, learned A.G.A. for the State/respondent Nos. 1 to 3 and Ms. Shahila Zubair, holding brief of Shri Pranjal Krishna, learned counsel for the respondent No.4 are present.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 23.01.2023, bearing F.I.R./Case Crime No.0062/2023, for the offence under Sections 498-A, 323, 506 I.P.C. and Section 3 & 4 of the Dowry Prohibition Act, registered at Police Station Kotwali City, District - Hardoi.

Mediation Report dated 18.11.2023, shows that the mediation proceedings have completed and the mediation between the parties has failed.

Learned counsel for the petitioners states that in all the sections invoked against the petitioners the maximum punishment is less than 07 years. Therefore, the petitioners may be granted the benefit of the law laid down by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and another (2014) 8 SCC 273.

Learned A.G.A. appearing for State/opposite parties has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 41-A Cr.P.C. shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another.

Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts.

Accordingly, this petition is disposed of in view of the provisions of Section 41-A Cr.P.C. and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).

.

(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)

Order Date :- 8.5.2024

ML/-